What defenses are there against a drugged driving charge?

On Behalf of | Dec 23, 2020 | Dui |

Pennsylvania law allows for motorists to get a DUI charge if they are under the influence of drugs. However, a criminal charge doesn’t mean that you did anything wrong. Let’s take a look at some of the defenses that you might be able to use during a drugged driving trial.

Your criminal charge is based on subjective assumptions

It’s not uncommon for police officers to conduct traffic stops based on what they think a driver might be doing. For example, if your vehicle is swerving in an area known for drug dealing, an officer may be more likely to believe that you are under the influence of a controlled substance. This may be true even if you actually swerved to avoid an object in the road or if the vehicle’s tires being improperly aligned caused the swerving.

A medical condition influenced your sobriety test results

A medical condition may make it difficult to maintain your balance while standing on one leg. It may also make it challenging to walk in a straight line without stumbling or committing other errors. If you’re in possession of prescription medication designed to treat a health ailment, you might increase your risk of facing a drug DUI charge.

You were anxious or confused during a sobriety test

You may also be more likely to perform poorly on a field sobriety test if you are over the age of 65, have anxiety or have trouble following directions. There is also a chance that weather conditions could play a role in whether you are able to stand, walk in a straight line or submit to other tests. For instance, a police officer might interpret slipping on an icy parking lot as a sign of impairment even though you didn’t intend to fall.

If you receive a DUI charge, it may be a good idea to hire an attorney to help dispute the charge. This may be done by having evidence suppressed or by casting doubt on officer testimony introduced at trial.

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